Madras High Court
Balaji vs K.Shanthi on 5 January, 2021
C.M.A.No.3656 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.3656 of 2013
1.Balaji
2.Devipriya ..Appellants
Vs.
1.K.Shanthi
2.Chakrapani
3.Mahalakshmi
4.Venkatalakshmi ..Respondents
Prayer : Civil Miscellaneous Appeal filed under Order 43 Rule 1(r) of
C.P.C., against the Fair and Decreetal order dated 27.09.2013 in
I.A.No.84 of 2013 in O.S.No.14 of 2013 before the Principal District
Court, Villupuram.
For Appellants : M/s.R.Meenal
For Respondents : Mr.M.Gnanamoorthy
For Mr.N.Suresh
[For R1 to R4]
JUDGMENT
The Fair and Decreetal order dated 27.09.2013 made in I.A.No.84
of 2013 in O.S.No.14 of 2013 is sought to be set aside in the present
Civil Miscellaneous Appeal.
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C.M.A.No.3656 of 2013
2. The petitioners are the plaintiff and the suit was instituted for
declaration. Along with the suit, an Interlocutory Application was filed
seeking an interim injunction. The Interlocutory Application was
dismissed by the Trial Court on 27.09.2013, the Civil Miscellaneous
Appeal is filed on 18.12.2013 and the appeal is pending for the past
about 7 years. There is no interim order as against the defendants in the
suit for the past about 7 years. On account of the efflux of time, this
Court is not inclined to re-consider the issue for grant of interim
injunction in favour of the petitioner at this length of time. Contrarily, it
is preferable to adjudicate the suit on merits by affording opportunity to
all the parties concerned. Thus, this Court, at this length of time, is not
inclined to consider the merits and the demerits raised by the parties in
the Civil Miscellaneous Appeal.
3. Accordingly, the trial Court is requested to dispose of the suit
as expeditiously as possible and preferably within a period of six months
from the date of receipt of a copy of this judgment. The parties to the
Civil Suit are directed to co-operate for the early disposal of the suit and
unnecessary adjournments should not be granted by the Trial Court at
the instance of the parties. Even in case of adjournments, reasons are to
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C.M.A.No.3656 of 2013
be recorded for grant of such adjournments. It is needless to state that
the findings in the fair order shall not be considered by the Trial Court,
while disposing of the suit. In other words, the suit is to be decided
independently and uninfluenced by the findings if any made in the fair
order passed in I.A.No.84 of 2013.
4. With these observations, the Fair and Decreetal order dated
27.09.2013 made in I.A.No.84 of 2013 in O.S.No.14 of 2013 stands
confirmed and C.M.A.No.3656 of 2013 stands dismissed. No costs.
05.01.2021
(½)
kak
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
To
The Principal District Court,
Villupuram.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3656 of 2013
S.M.SUBRAMANIAM, J.
kak
C.M.A.No.3656 of 2013
05.01.2021
https://www.mhc.tn.gov.in/judis/
